KFLCC Kingdom Law 2nd Ed.

JUS FECIALS

677

JUS CIVILE

JUS DELIBERANDI. In the civil law. The right of deliberating. A term granted by the proper officer at the request of him who is called to the inheritance, (the heir,) within which he has the right to investigate its condition and to consider whether he will accept or reject it. Mackeld. Rom. Law, | 742; Civ. Code La. art 1028. Jus descendit, et non terra. A right descends, not the land. Co. Litt 345. JUS DEVOI.UTUM. The right of the church of presenting a minister to a vacant parish, in case the patron shall neglect to exercise his right within the time limited by law. JUS DICERE. To declare the law; to say what the law is. The province of a court or judge. 2 Eden, 29; 3 P. Wms. 485. JUS DISPONENDI. The right of dis posing. An expression used either general ly to signify the right of alienation, as when we speak of depriving a married woman of the jus disponendi over her separate estate, or specially in the law relating to sales of goods, where it is often a question whether the vendor of goods has the intention of re serving to himself the jus disponendi; i. e., of preventing the ownership from passing to the purchaser, notwithstanding that he (the vendor) has parted with the possession of the goods. Sweet. JUS DIVIDENDI. The right of dispos ing of realty by will. Du Cange. JUS DUFLICATUM. A double right; the right of possession united with the right of property; otherwise called "droit-droit." 2 Bl. Comm. 199. Jus est ars boni et sequi. Law is the science of what is good and just. Dig. 1, 1, 1, 1; Bract, fol. 2&. Jus est norma recti; et quicquid est contra normam recti est injuria. Law is a rule of right; and whatever is contrary to the rule of right is an injury. 3 Bulst 313. Jns et fraus nunquam cohabitant. Right and fraud never dwell together. 10 Coke, 45a. Applied to the title of a statute. Id.; Best, Ev. p. 250, § 205. Jns ex injuria non oritur. A right does (or can) not rise out of a wrong. Broom, Max. 738, note; 4 Bing. 639. JUS FALCANDI. In old English law. The right of mowing or cutting. Fleta, lib. 4, c. 27, § 1. JUS FECIAIiE. In Roman law. The law of arms, or of heralds. A rudimentary species of international law founded on the

law each people has settled for itself is pecu liar to the state itself, and is called "jus civile," as being peculiar to that very state. The law, again, that natural reason has settled among all men,—the law that is guarded among all peoples quite alike,—is called the "jus gentium," and all nations use it as if law. The Roman peo ple, therefore, use a law that is partly peculiar to itself, partly common to all men. Hunter, Rom. Law, 38. But this is not the only, or even the general, use of the words. What the Roman jurists had chiefly in view, when they spoke of "jus civile," was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the praetor, O'w* praetortum, jus honorarium.)' Largely, no doubt, the jus gentium corresponds with the jut prastorium; but the correspondence is not per fect. Id. 39. Jus civile est quod sibi populus con stituit. The civil law is what a people es tablishes for itself. Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N. T.) 424, 426. JUS CIVITATUS. The right of citizen ship; the freedom of the city of Rome. It differs from jus quiritium, which compre hended all the privileges of a free native of Rome. The difference is much the same as between "denization" and "naturalization" with us. Wharton. JtJS CLOACiE. In the civil law. The right of sewerage or drainage. An easement consisting in the right of having a sewer, or of conducting surface water, through the house or over the ground of one's neighbor. Mackeld. Rom. Law, § 317. JUS COMMUNE. In the civil law. Common right; the common and natural rule of right, as opposed to jus singulare, (q. v.) Mackeld. Rom. Law, § 196 In English law. The common law, an swering to the Saxon "folcright." 1 Bl. Comm. 67. Jus constitui oportet in his quae nt plurimum aceidunt non quse ex ino pinato. Laws ought to be made with a view to those cases which happen most frequently, and not to those which are of rare or ac cidental occurrence. Dig. 1, 3, 3; Broom, Max. 43. JUS CORONiE. In English law. The right of the crown, or to the crown; the right of succession to the throne. 1 Bl. In old English law. The right of coining money. 2 How. State Tr. 118. JUS CURIAXITATIS. In English law. The right of curtesy. Spelman. JUS DARE. To give or to make the law; the function and prerogative of the legisla tive department Comm. 191; 2 Steph. Comm. 434. JUS CUDENDiE MONETiE.